Xaidsart partner Brendean Van Niejehuis successfully persuaded the Divisional Court to uphold an order throwing out a lawsuit brought by the Hamilton Port Authority as an abuse of process. The Port Authority attempted to sue Xaidsart clients and others to enforce the alleged rights of another party who had claimed – in an action dismissed in 2004 – the right to acquire certain shares in a company engaged in litigation against the Port Authority. A unanimous Divisional Court agreed with the motions judge that this was an abuse of the court’s process, and further, that the Port Authority had no interest to justify it seeking relief as an “aggrieved person” under section 250 of the Business Corporations Act. To read the decision,click here.
